By Andre Bagoo Saturday, August 29 2009

CONTRACTOR EMILE Elias yesterday responded to objections raised by Udecott lawyers over the role of commissioner Kenneth Sirju in the Uff Commission of Inquiry, arguing that they represent “yet another attempt by Udecott to divert the commission’s attention from the genuine concerns relative to Udecott’s procurement practices.”

In a three-page letter despatched to the inquiry secretariat yesterday, attorney for NH International (Caribbean) Limited (NHIC) and Elias, its chairman, Adrian Byrne cited several reasons why his clients would not object to Sirju presiding over the fourth phase of hearings carded to begin on September 7. He also noted that NHIC was not of the view that the company can be compelled by Udecott to provide it with detailed documents in relation to the Cleaver Heights project.

“Our client’s view (is) that this recent application constitutes yet another attempt by Udecott: (a) to divert the commission’s attention away from the genuine concerns relative to Udecott’s procurement practices and methods of operation which fuelled the call for the appointment of the commission in the first place; and (b) to delay the publication of the commission’s report,” wrote Byrne.

“The orders sought by Udecott all touch and concern matters relating to the Cleaver Heights Development project, a project in which Udecott has no interest as employer, developer, contractor, end user, financier or any other interest for that matter,” Bryne noted.

He further listed other objections to Udecott’s entreaties, including the “inordinate delay in the making of the application by Udecott”; the “sweeping” scope of the orders; the fact that the information sought has already been “put before the commission” and the commission is not empowered to make the orders sought under the Commission of Inquires Act.

The attorney’s correspondence came as an emergency meeting on the issue of Sirju was rescheduled to next Tuesday. The emergency meeting had been planned for yesterday.

Lawyers acting on behalf of Udecott have raised the issue of whether or not Sirju is linked to contractor NH International (Caribbean) Limited. They have asked for details of work done by Sirju’s firm, KS&P Limited, for NHIC.

Sirju has noted that his firm has performed technical consulting services for several firms including NHIC, Udecott and NIPDEC. He has stoutly maintained that he has no personal relationship with the NHIC chairman Emile Elias.

Last Tuesday, the chairman of the inquiry, Professor John Uff, was forced to intervene in the matter, which comes on the eve of the fourth and final phase of hearings which is carded to deal with the Cleaver Heights housing project. In a letter, Uff asked parties with interest in that project to consider whether or not they agree that Sirju should stay on.